, 1887-06-16

him use when he had the gun I'm his
hands was: damn you, turn those
horses loose and leave here or ] viii
kin you" He was about six or
eight feet when he used those
words; he continued to advance up
on her when he said that; she made
no reply that / heard. After that
he walked right up and pointed the
muzzle of the gun In her face. She
then Knocked the gun one side ana
pulled the pistol and shot one shot
at that time; would not be real posi-
/ tive she did not fire two, but think
only one. He fell backward
and partly down, aud she
turned one horse loose;
| he then Strengthened himself
up and attempted to point his gun
at her again; said then, turn the
horses loose or he would k Ill her; she
| then picked up slat or club ana mt
him over the head two or three
| times.
In answer to a question, "Is it not
fact that she shot again instead OF
striking?" witness answered, l
don't know that seen that"
In answer to the question us not
a fact that she did not strike him
until she had fred all the shots that
she did tire?" "Don't know that L
saw that either"
After she struck him he hardly
got to his feet again when she hred
the last time he was coming toward
her: she did shoot at him after strik-
ing him with the board; she hit him
two or three bows as near as l can
recoll oct. All blows struck before
"a, ,f,nI la - ahY,t. ahn al i'll nnt- that
L saw, hit hiIn after firing the last
shot; he was on his feet when she
fired the last shot; wien she fired
the last shot he fell over on his face
toward her, (shown diagram) She
was standing about in the gate, he
the length of the gun away from her
she did not stand there when she
struck him.
Question, "Isn't it Il fact that after
she fred the first shot from the gate
that he staggered back toward the
middle of the yard, and that when
he attempted further violence that
she advanced upon him.
Answer, "She dvanced little;
saw when he fell after the killing;
the diagram represents similar
place to where he fell; think there
were three shots in the pistol;
know where Mrs. Teller got the
pistol; after Teller taking the shot
gun down and loading it, l went to
her and told her | feared he was
going to do her some harm and gave
her the pistol and told her to protect
herself; that was in the morning
just after she had started for the
horses; my fear was from his taking
down the gun, loading it and setting
ii i'm the corner, and from the further
threats that he made before. When
she said he would go aud get the
horses he said nothing; did not see
Mrs. Teller hit him with anything
but that piece of board; she could
not of hit hin with anything else
without my seeing it.
Redirect, had rented farm of
Teller some time in month nf Marchi
rented house with farm; had no
writing, just words between us;
rented implements and horses same
time; rented the horses of Teller.
She was cooking for me at the place;
L was not paying her; she was stay
ing putting in her garden with me;
/ was in the house when she went
for the horses; she went out of the
front door; l was at the end of the
old house south; shed front of old
house; point of shed Il little further
back from thefence than house; did
not stay there long;went with the in
tention of fixing line; came out of old
house went into the house, Teller in
k Kitchen; | went in for an aWl, got
awl; saw the gun loaded, sitting in
the corner; then / went to where
Mary YVES, she had started for the
horses; she was some distance in
front of the house, she had not
caught the horses; j did not help her
catch them; when l saw her there
told her l was afraid Teller would
do her some harm, and gave her the
pistol; l don't know what she done
with the pistol; she went for the
horses and | went back to fix my
inc, to old house, remained there
not a great while when / came out,
she coming up to gate with horses,
about ten or twelve steps from gate,
thirty PAGES from old to new house;
Teller in new house; was half was
between the houses when ne came !
)ut; when / first saw him with gun
ne was half way to gate; | know he |
:ame out of the house; when I.nOtiC- |
,d hm with the gun he was half |
way W tllt gate. iOll tuttll " ne /
that when | first saw
lim with the gun he was coming
)ut of the house. He had his left |
nand ON the barrel, holding it to the
light OF and in front of HIM, right |
side turned and a portion of face to-
ward me, facing southeast gate; had |
)ne horse by halter when she shot,
leld both when she struck him with |
the stick; when she struck him with
stick he did not get quite up but |
mighty near it,; made motion to go
forward before he got up; she shot |
and he fell on his face; did not have |
The gun when he tried to get up; j
lon't know as whether his feet |
moved or not; after second shot he
lid not get up; when he fell the last |
line can't state how far his head |
was from the gate; but think defend
INT brought horses inside. The